The Impact of Provocation as a Mitigating Factor on the Determination of Punishment in Libyan Law

Abstract

This study examines the legal nature and impact of provocation as a mitigating excuse on sentencing within Libyan criminal law. Provocation is recognized in criminal legislation as a critical factor directly affecting the formation of criminal intent and the severity of the penalty, often representing a state of intense emotional turmoil that causes the offender to lose self-control following an illegal or provocative act by the victim. The research addresses the controversy among legal scholars and judges regarding whether provocation should be treated as a mere mitigating circumstance or a full legal excuse that necessitates a reduction in penalty. The findings analyze the relevant provisions in Libyan law, concluding that provocation serves as an influential factor allowing the judge to exercise discretion in mitigating the punishment, provided the criminal act was the immediate and legitimate result of a genuine act of provocation. The study aims to clarify the criteria for applying this excuse and its effective role in ensuring a fairer determination of criminal responsibility.